What are the grounds for divorce for Texas?
Texas allows parties to file for a “no fault” divorce, in which it is alleged that the marriage has become “insupportable” due to conflict between the parties and that there is no reasonable expectation of reconciliation. Texas also provides for “fault-based” divorce, in which a divorce is sought for a specific reason, such as adultery, abandonment, insanity, imprisonment for a felony conviction, or cruel and inhuman treatment. Often, the fault-based grounds for seeking a divorce can become important where there are disputes over the division of the parties’ property and one party wishes the court to consider the other party’s behavior in making an award.
In order to obtain a divorce in Texas, a party must be a resident of Texas for six months prior to filing, as well as a resident for 90 days of the county in which the divorce petition is filed. Exceptions apply for military personnel and/or their spouses.